Hensler Surgical Products, LLC v. Tobra Medical, Inc.

Filing 42

ORDER granting 39 MOTION Lift stay of proceedings and establish new pre-trial deadlines, modifying the previous Case Management Order Unopposed. The Court's Order entered June 10, 2020 (Dkt. No. 33) is hereby VACATED. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 6/4/2021. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:19-CV-240-FL

HENSLER SURGICAL PRODUCTS, LLC,
Case No. 7:19-cv-00240-FL
Plaintiff,
ORDER
vs.
TOBRA MEDICAL, INC.,
Defendant.
Before the Court is Plaintiff Hensler Surgical Products, LLC (“Hensler”) Motion to Lift
Stay. On June 10, 2020, this Court stayed the above-captioned action pending the resolution of
the USPTO’s reexamination on US Patent No. 10,493,183 (the “’183 Patent”), the only patentat-issue. Having reviewed the Certificate of Reexamination filed by Plaintiff with its Motion, the
Court finds that the reexamination proceeding has concluded and the validity of the patent-atissue confirmed by the USPTO. Accordingly, the Court finds good cause exists to GRANT
Plaintiff’s Motion and ORDERS as follows:
1.

Plaintiff’s Motion to Lift Stay (Dkt. No. 39) is GRANTED.

2.

The Court’s Order entered June 10, 2020 (Dkt. No. 33) is hereby VACATED.

3.

The Court resets the case schedule as outlined in the below chart:

Event
Exchange of Initial Disclosures and
accompanying documents pursuant to Fed. R.
Civ. P. 26(a)(1)
Opening of fact discovery

Proposed
Date
N/A

N/A

Event
Plaintiff’s Supplemental Disclosure of Asserted
Claims and Preliminary Infringement
Contentions (LPR 303.1)
Document production accompanying Plaintiff’s
Disclosure of Asserted Claims and Preliminary
Infringement Contentions (LPR 303.2)
Defendant’s Disclosure of Preliminary Invalidity
Contentions (LPR 303.3)
Document production accompanying
Defendant’s Disclosure of Preliminary Invalidity
Contentions (LPR 303.4)
Motion for Leave to Join Additional Parties
Exchange of Proposed Terms and Claim
Elements for Construction (LPR 304.1)
Exchange of Preliminary Claim Constructions
and Extrinsic Evidence, including disclosures
concerning percipient or expert witnesses
information (LPR 304.2)
Joint Claim Construction Statement (LPR 304.3)
Claim Construction Discovery completed
Opening Claim Construction Briefs
Responsive Claim Construction Briefs
Joint Report with availability for claim
construction hearing
Claim Construction Hearing (LPR 304.6)
Deadline for disclosure of advice of counsel
(LPR 303.8)
Close of Fact Discovery

Parties each serve expert witness disclosures on
issues on which it bears
the burden of proof (LPR 305.1(b))
Parties each serve expert witness disclosures on
issues on which the
other party bears the burden of proof (LPR
305.1(c))
Parties each serve any rebuttal expert witness
disclosures (LPR
305.1(d))

Proposed
Date
June 2, 2021

June 2, 2021

July 19, 2021
July 19, 2021

July 19, 2021
August 9, 2021
August 30, 2021

September 17, 2021
October 17, 2021
November 1, 2021
November 22, 2021
November 22, 2021
TBD by Court
30 days before
close of fact
discovery
90 days after entry
of claim
construction order
30 days after close
of fact discovery
30 days after
service of initial
expert reports
21 days after
responsive expert
reports

Proposed
Date

Event
Close of expert discovery (LPR 305.2)

Dispositive and Daubert motions due (LR
7.1(c))

60 days after
rebuttal expert
reports
30 days after close
of expert discovery

IT IS SO ORDERED.
Dated: 6/4/21

HON. LOUISE W. FLANAGAN
UNITED STATES DISTRICT COURT JUDGE